Jagarnath Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21768 of 2020 Arising Out of PS. Case No.-145 Year-2019 Thana- SUPPI District- Sitamarhi ====================================================== 1.

JAGARNATH CHAUDHARY Son of Late Badami Lal Chaudhary Resident of Village - Gharbara, Police Station - Suppi, District - Sitamarhi. 2.

Vikash Kumar Chaudhary @ Vikash Kumar Son of Jagarnath Chaudhary Resident of Village - Gharbara, Police Station - Suppi, District - Sitamarhi. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-07-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioners and Ms. Anita Kumari Singh, the learned APP for the State.

The petitioners seek regular bail in connection with Suppi P.S. Case No. 145 of 2019, registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.21768 of 2020(2) dt.07-07-2020 2/3 The allegation is regarding the accused persons having killed the deceased victim lady on account of non-fulfillment of the demand for dowry. The learned counsel for the petitioners has submitted that the petitioners are the father-in-law and brother-in-law of the deceased victim lady, they have been falsely implicated in the present case, they are having clean antecedent and they are rotting in custody since 28.12.2019. It is further submitted that if at all anyone is having complicity in the matter, it is the husband of the deceased victim lady, who is already in custody, hence, no prejudice will be caused to the prosecution in case, the petitioners are granted the privilege of regular bail.

Per contra, the learned APP has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the leaned counsel for the petitioners and taking into account the period of incarceration of the petitioners herein, apart from the fact that the

Patna High Court CR. MISC. No.21768 of 2020(2) dt.07-07-2020 3/3 husband of the deceased victim lady is in custody, I deem it fit and proper to direct for release of the petitioners on regular bail.

Accordingly, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Suppi P.S. Case No. 145 of 2019.

(Mohit Kumar Shah, J) Ajay/- U T